After resign six months salary still pending
SANDEEP
(Querist) 08 February 2014
This query is : Resolved
Dear Sir,
I have resigned on 01 August 2011 with the one month notice period.i Have completed my notice period before my departure.My six months salary is still pending on there parts. I have mailed them several times called them several times but not getting any kind of response.
Please suggest me.
Guest
(Expert) 08 February 2014
Send a legal notice.
R.K Nanda
(Expert) 08 February 2014
demand ur 6 months salary by sending lawyer legal notice to co.
R.K Nanda
(Expert) 08 February 2014
demand ur 6 months salary by sending lawyer legal notice to co.
SANDEEP
(Querist) 08 February 2014
what is the procedure to send the legal notice....presently iam in pune company was in delhi...can i send legal notice from pune or i have to send legal notice from delhi only......plz tell me the procedure
Kumar Doab
(Expert) 08 February 2014
You have given a very long rope to this employer.
Your labor consultant/service lawyer may opine that the limitation period in your case may be 3 years.
Your employer may be happily waiting for this period to expire in Aug/Sep2014.
Therefore you may approach labor consultant/service lawyer AS AP and show job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter, standing orders applicable to the establishment and extended to your designation (certified/model), any service agreement/bond/Non Disclosure-Non Solicitation-confidentiality agreement signed by you, and proceed under the expert advice of your lawyer.
You may issue notice/legal notice to supply by redg. Post the acknowledgment of notice of resignation/resignation, correct FNF statement for verification by you, payment of FNF dues by bank DD only, Form 16, PF number-account slips for each year of employment, salary slip of last month and each month of employment, ESIC Card (if eligible), NOC/NDC, Notice of Determination of Gratuity ( if eligible ), service certificate, relieving letter………………etc. so as to reach you within next 7 days, thru Redg. Post only.
You may add that postage prepaid self addressed envelope (as purchased from PO) for sending documents and DD by redg. Post to you is attached.
You may prepare a FNF statement on your own (include PL, Bonus, Incentives, commissions, Gratuity etc) and claim payment, under proper acknowledgment and if possible obtain a confirmation that the amounts shall be paid soon THUS PLACE ON RECORD THE “DETERMINED DEBT” AND HENCE AMOUNTS COMPANY OWES TO YOU.
The non Payment of wages is breach of trust by employer that has to pay monthly wages after a month’s long hard work extracted from employee. The employee can lodge a complaint the minute the payment of wages is delayed. The employer may be fined say Rs.7500/instance.
FNF dues should be paid within last day in office or say next 3 days or max. by usual pay day
.
If company has defaulted on payment of wages it must have defaulted on PF, Gratuity, ESIC, Bonus, TDS………….etc
The employees can approach:
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
--- Inspector under (Name of your state) Shops and Commercial Establishments Act, If it is commercial establishment.
The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act.
If the employer makes false entries it is offence.
--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.
--- O/o Labor Commissioner
--- ESIC
Inspector;
--- RPFC in nearest PF office
--- ITO; TDS where you file your ITR
--- CIT-TDS (jurisdictional) where company files ITR
---Controlling Authority of Gratuity
---Civil Court
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
You may proceed under the expert advise of your lawyer.
Rajendra K Goyal
(Expert) 08 February 2014
Send legal notice and claim the salary. Contact a local lawyer.
ajay sethi
(Expert) 08 February 2014
issue legal notice for winding up of company as it has not paid your 6 months salary . file winding up petition .
R.K Nanda
(Expert) 08 February 2014
U CAN SEND LEGAL NOTICE FROM PUNE ALSO.
SANDEEP
(Querist) 08 February 2014
Dear Sir,
I have all the relevants documents like i have photocopy of attendance sheet in which i use to sign,Clearance form,Handover Certificate.As from salary they didnot used to provide salary slips they used to provide us the Cheques.I have photocopy of few cheques which i have received.
Any thing else is required.
After sending the Notice shall i also have to go to Delhi
ajay sethi
(Expert) 08 February 2014
you must be having appointment letter . reminders sent for payment of salary . contact lawyer and issue legal notice . since registered office of company is in delhi file winding up petition in delhi .
Guest
(Expert) 08 February 2014
You have not mentioned about having offer/ appointment letter.
SANDEEP
(Querist) 08 February 2014
sir i have photocopy of appointment letter
Guest
(Expert) 08 February 2014
Better visit some expert in person to get your documents examined appropriately and to advise you suitably the course of action instead of working on hit & trial basis, as after 31st Aug 2014, your company may take the plea of limitation act to declare your case as time barred.
